Wednesday, February 3, 2010

Social Security Disability: Making the process move faster?

Today I received a call from a person who was shocked to learn that it would take approximately 19 months for her hearing to be scheduled.  She had called the Social Security Administration to give them change of address information and decided to get an update on how her case was going.   She had already waited a year from the time she first filed and was denied.  She went through the proper steps and timely filed a reconsideration and was denied again.  This individual naturally thought that the hearing process would not take longer than the first two stages and was frustrated to learn that it could take up to two years.  She wanted to know if there was anything that could "speed up the process."

I told this nice lady that there were several ways in which her case could be expedited or, simply put, not take as long.  The Social Security Administration will expedite a hearing request for several reasons.  Some of the reasons include:  1) if an individual has a fatal disease or condition and is not expected to live more than 12 months; 2) if a person is legally blind (less than 20/200 after correction); 3) if a person is homeless; 4) if a person is suicidal and needs special assistance; 5) if a person is homicidal and needs special assistance; and 6) if the person does not have the financial resources to pay for his or her medical care of medications.

I have requested and have been granted expedited hearings for many of the reasons listed above but the most common case is usually due to an inability to pay for medical care or medications.  In my practice, I address the topic of an expedited hearing or reconsideration during the first meeting with the client.  If it seems appropriate, I gather evidence to submit with my request.  Usually a letter from the client's doctor stating the financial inability to pay for medical care or a large outstanding medical bill will suffice.  Once I have receive the evidence I send the request for an expedited hearing to the office where the case is currently pending.

Nicholas G. Callas
Popowski, Callas & Shirley, P.A.http://www.popowskicallasshirley.com/PracticeAreas/Social-Security-Disability.asp
P.O. Box 7397
Columbia, SC 29202
(803)799-2100